Patna High Court
Alok Kumar @ Bittu ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted bail to the petitioner, subject to bond and surety conditions.
Summary
Alok Kumar applied for bail in a criminal case registered under Sections 103(1) and 61(2) of the B.N.S., relating to the murder of an informant's father. The petitioner argued that he is not named in the FIR and that his name appears only in the confessional statements of co‑accused Vishal Kumar and Abhishek Pandey, both of whom have already been granted bail. He has been in custody since 3 May 2025. The State opposed the bail on the ground of the seriousness of the offences. The Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, subject to the petitioner’s cooperation with the trial.
Issues considered
- Whether bail should be granted to the petitioner in a case under Sections 103(1) and 61(2) of the B.N.S.
- Whether the petitioner’s alleged innocence and the bail already granted to co‑accused justify release on bail
Legislation cited
- B.N.S. — s. 103(1), 61(2)
Subjects
- bail
- criminal procedure
- Section 103
- Section 61
- B.N.S.
- confessional statement
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44234 of 2025
Arising Out of PS. Case No.-36 Year-2025 Thana- Jaitpur District- Muzaffarpur
======================================================
Alok Kumar @ Bittu Thakur Son of Sanjay Kumar @ Sanjay Thakur
Resident of Village - Patahi Jagarnath, P.S.- Sadar, District - Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anuj Kumar S/o- Late Arvind Kumar Thakur R/o- Vill - Shirkohia P.S. -
Jaitpur District - Muzaffarpur Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nitu Kumari, Adv.
Mr. J. N. Thakur, APP
For the Opposite Party/s :
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
7 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections-103(1), 61(2) of B.N.S.
3. According to allegation, father of the informant was
shot dead by the unknown criminals.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent. He is not named in the F.I.R. and
his name has figured in confessional statement of Vishal Kumar
and Abhishek Pandey. Vishal Kumar and Abhishek Pandey both
have been granted bail by the co-ordinate benches of this court.
Learned counsel has further submitted that the petitioner’s case
Patna High Court CR. MISC. No.44234 of 2025(7) dt.31-01-2026
2/2
is on better footing to that of co-accused who have already been
granted bail. The petitioner is under incarceration since 03-05-
2025.
5. On the otherhand, Mr. J. N. Thakur, learned APP
has opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
let the petitioner named above, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Judicial
Magistrate-Ist Class, Court No.-7, West, Muzaffarpur in
connection with Jaitpur P.S. Case No. 36 of 2025 with condition
that the petitioner shall cooperate with the trial of the case and
make himself available as and when required by the court.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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